Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25704 of 2018 Petitioner :- Surendra Singh Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Singh Parmar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajeev Kumar Singh Parmar, learned counsel for the petitioner, Sri N. K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the impugned F.I.R. dated 29.08.2018 pertaining to Case Crime No. 0732 of 2018, under Section 3/7 Essential Commodities Act, 1955, Police Station Kotwali Chhibramau, District Kannauj.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with mala fide intention. He further submits that the petitioner is old man, he is aged about more than 80 years and is also very weak by the health and is not able to walk freely, he is suffering from other old age ailments. He next submitted that the documentary evidences of the petitioner, regarding his old age, Pan Card, Adhar Card, Service Book etc. have been annexed as Annexure No. 3 to the present petition. The said fact is mentioned in para no. 11 of the present petition. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 17.9.2018 Ashok Gupta